Marshall v. Cooper & Elliott, L.L.C.

Citations

• 2017 Ohio 4301

Syllabus

R.C. 2323.51 frivolous conduct decision on the merits voluntary dismissal failure to file transcript presumption of regularity attorney fees reasonably incurred abuse of discretion. Trial court did not err in determining that third-party plaintiff and his attorney engaged in frivolous conduct under R.C. 2323.51 notwithstanding that, due to third-party plaintiff's voluntary dismissal of his claims, the claims had not been decided on their merits. Because third-party plaintiff failed to file a transcript of the hearing on the motion for sanctions under R.C. 2323.51, appellate court had to presume the regularity of the trial court's proceedings. Trial court did not abuse its discretion in declining to award third-party defendant any attorney fees under R.C. 2323.51 where it determined that third-party defendant Dolan failed to establish that he had a legal obligation to pay any attorney fees and, therefore, did not incur attorney fees within the meaning of R.C. 2323.51(B)(3).